Travel Agents Order 2004

Travel Agents Order 2004

I, the Lieutenant-Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following order under section 5 of the Travel Agents Act 1987 .

W. J. E. COX

Lieutenant-Governor

By His Excellency's Command,

JUDY JACKSON

Minister for Justice and Industrial Relations

1.   Short title

This order may be cited as the Travel Agents Order 2004 .

2.   Commencement

This order takes effect on the day on which its making is notified in the Gazette.

3.   Interpretation

In this order –

Act means the Travel Agents Act 1987 .

4.   Section 18(1) of Act does not apply to certain persons

(1)  Section 18(1) of the Act does not apply to a person who carries on business as a travel agent if on any one day that business, for the 12-month period before that day –

(a) had a gross turnover of less than $50 000; and

(b) only sold rights to travel within Australia and to accommodation within Australia.

(2)  If on any one day a person referred to in subclause (1) ceases to comply with that subclause, section 18(1) of the Act continues to not apply to that person –

(a) for one month after that day; or

(b) until that person is granted a travel agent's licence under the Act or until an application for such a licence is refused, if that person makes that application within one month after that day.

5.   Certain persons not required to pay certain prescribed fees

(1)  If an application for a travel agent's licence under the Act is made by 2 or more persons who propose to carry on business as travel agents in partnership with each other, only one of those persons is required to pay the fees prescribed for the purposes of section 19(3) and section 21(7) of the Act.

(2)  If 2 or more persons are carrying on business as travel agents in partnership with each other, only one of those persons is required to pay the fee prescribed for the purpose of section 29(1) of the Act.

6.   Travel Agents Order 1988 rescinded

The Travel Agents Order 1988 is rescinded.

Displayed and numbered in accordance with the Rules Publication Act 1953.

Notified in the Gazette on 10 November 2004

This order is administered in the Department of Justice.

EXPLANATORY NOTE

(This note is not part of the order)

(a) prescribes certain persons to which section 18(1) of the Travel Agents Act 1987 does not apply; and

(b) prescribes certain persons not required to pay fees prescribed for the purposes of section 19(3), section 21(7) and section 29(1) of the Travel Agents Act 1987 ; and

(c) rescinds the Travel Agents Order 1988.